Department of Justice

Tasmanian Industrial Commission

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T6020

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s29 application for a hearing in respect of an industrial dispute

Minister for Industrial Relations and Training
(T.6020 of 1995)

and

Geoffrey Robert Taylor
(trading as Bellhop Express)

 

COMMISSIONER R J WATLING

Hobart, 26 February 1996

Industrial disputes - alleged breach of Carriers Award

REASONS FOR DECISION

This application, lodged by the Minister for Industrial Relations and Training (the applicant), was for the purpose of settling a dispute with Geoffrey Robert Taylor (trading as Bellhop Express)(the employer).

The circumstances surrounding the dispute were outlined in the application as follows:

It is alleged that Geoffrey Robert Taylor trading as Bellhop Express, 31A Wenvoe Street, Devonport, Tasmania is in breach of the Carriers Award in that he failed to pay the award rates of pay in relation to overtime, meal allowance payments and underpaid proportionate annual leave on termination to Thea Ramona Van Zelm of 77 Torquay Road, East Devonport, Tasmania.

The alleged breaches occurred between 2 February 1995 and 11 July 1995 and resulted in an alleged total underpayment of $3,702.49.

The applicant seeks an order pursuant to Section 31(1) of the Industrial Relations Act 1984 in order to settle the dispute.

During the course of the hearing Miss L F Brundle, for the applicant, tendered an exhibit (B.1) which itemised the hours and days worked, the amount of wages paid and the wage arrears assessment and she requested that the Commission issue an Order for the outstanding monies to be paid within 21 days of the date of decision.

The employer did not contest the wage arrears assessment document tendered by Miss Brundle, nor did he present any submission to the Commission on Miss Brundle's submission that an Order be issued.

Given the foregoing, I accept the submissions and evidence presented by the applicant in this uncontested matter.

I hereby Order, in accordance with the provision of section 31(1) of the Industrial Relations Act 1984, that Geoffrey Robert Taylor (trading as Bellhop Express), whose principal place of business is at 31A Wenvoe Street, Devonport, Tasmania, pay to Thea Ramona Van Zelm of 77 Torquay Road, East Devonport, Tasmania, the amount of $3,702.49, being wage arrears. This amount is to be paid to Thea Ramona Van Zelm by close of business on 21 March 1996.

Further, by close of business on 21 March 1996, Geoffrey Robert Taylor shall provide to the Commission evidence of payment made to Thea Ramona Van Zelm.

 

R J Watling
COMMISSIONER

Appearances:
Mr C Willingham with Miss L F Brundle and Mr G Williams for the Minister for Industrial Relations and Training
Geoffrey Robert Taylor (trading as Bellhop Express) representing himself

Date and place of hearing:
1996
Devonport:
February 22